Milke, et al v. Ryan, et al

Filing
213

ORDER Granting Writ of Habeas Corpus; Petitioner's Petition for Writ of Habeas Corpus is granted; Respondents shall release Petitioner Debra Jean Milke from custody unless the State of Arizona: (1) notifies this Court within 30 days of the filin g date of this Order that it intends to retry Petitioner, and (2) actually commences Petitioner's retrial within 90 days of the filing date of this Order; the Clerk shall enter judgment accordingly and terminate this matter; the Clerk shall expeditiously return the state court records received on 8/3/99 and 3/7/02 (Docs. 46 & 88 ) to the Clerk of the Arizona Supreme Court. Signed by Senior Judge Robert C Broomfield on 7/8/13. (REW)

1
WO
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE DISTRICT OF ARIZONA
7
Debra Jean Milke,
8
Petitioner,
9
v.
10
Charles L. Ryan, et al.,
11
Respondents.
12
)
)
)
)
)
)
)
)
)
)
)
No. CV-98-00060-PHX-RCB
ORDER GRANTING
WRIT OF HABEAS CORPUS
13
Pursuant to the mandate of the Court of Appeals for the Ninth Circuit in Milke v.
14
Ryan, 711 F.3d 998 (9th Cir. 2013),
15
IT IS HEREBY ORDERED that Petitioner’s Petition for Writ of Habeas Corpus is
16
GRANTED. Respondents shall release Petitioner Debra Jean Milke from custody unless the
17
State of Arizona: (1) notifies this Court within 30 days of the filing date of this Order that
18
it intends to retry Petitioner, and (2) actually commences Petitioner’s retrial within 90 days
19
of the filing date of this Order. The Clerk of Court shall enter judgment accordingly and
20
terminate this matter.
21
IT IS FURTHER ORDERED that the Clerk of Court shall expeditiously return the
22
state court records received on August 3, 1999, and March 7, 2002 (Docs. 46 & 88) to the
23
Clerk of the Arizona Supreme Court.
24
DATED this 8th day of July, 2013.
25
26
27
28
copies to all counsel of record

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.